Marbury v. Madison

1803

1. Federalist 2nd President

http://youtu.be/Y_zTN4BXvYI

Jefferson ( Democrat/Republican)

defeats

Adams (Federalist)

in the Election of 1800

2. United States Constitution

• A. Article III created the United States

Supreme Court.

• B. All other courts ( tribunals) created by

Congress.

– The first law that created the Federal

Judiciary is the Judiciary Act of 1789.

– Created a 6 member SCOTUS

3. Midnight

justices

On his last day, Adams fills courts

with as many Federalist judges as

possible

They were called “midnight judges” - Adams waited

until 9 o’clock on his last night as President to sign

their commissions.

4.

Marbury

V.

Madison

1803

5. William Marbury (Federalist)

was appointed to the 6.DC Justice

of the Peace and was affected by

Jefferson’s decision was denied his

position because he did not have

his commission.

7. President Jefferson

(Democrat/Republican)

orders his Secretary of State

James Madison

Democrat/ Republican

not to give out the papers to any of

the judges

9.

President Jefferson

(Democrat/Republican)becomes

President on March 3rd and the by the

next day some of Adams’ judges have

not yet received their official

commissions (17)

Jefferson says “too bad” they

cannot be judges!

10 months later….

Marbury demands that the

Supreme Court examine the

case and force the executive

branch to hand out papers

10

Marbury says Judiciary Act of 1789

gives the Supreme Court the right to

do this

Article 13 SCOTUS may issue Writs of

Mandamus (Court order compelling

government to do something)

John Marshall, the chief justice

and the Supreme Court, listens

to Marbury v Madison in court.

(1803) two justice justices are sick

After 14 months

hiatus.

Decision

• Did Marbury have a right to the

commission?

• Do the laws of the country give Marbury a

legal remedy?

• Is asking the Supreme Court for a writ of

mandamus the correct legal remedy?[27]

11. FIRST PART

4-0

2/24/1803

1. Marshall agrees that Marbury

had been treated unfairly and

was entitled to his commission.

11. SECOND PART

2.Judiciary Act would allow SC

to force Madison into making

Marbury a judge

11. FINALLY

3. However, the Writ of Mandumus,

Marshall decides, gives original

jurisdiction to the Supreme Court the

Constitution did not and therefore the

law was unconstitutional

Judiciary Act of 1789 Article 13

• Gave original jurisdiction to SCOTUS the

Constitution did not .• The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several

states, in the cases herein after provided for; and shall have power to issue writs of prohibition to the district

courts [...] and writs of mandamus [...] to any courts appointed, or persons holding office, under the

authority of the United States.— Judiciary Act of 1789, § 13

• The US Constitution Article III Section 2 Clause 1

• In all cases affecting..

– ambassadors, other public ministers and consuls,

– and those in which a state shall be party, the Supreme Court

shall have original jurisdiction.

– In all the other cases before mentioned, the Supreme Court

shall have appellate jurisdiction, both as to law and fact, with

such exceptions, and under such regulations as the Congress

shall make.

"It is emphatically the province and

duty of the judicial department to say

what the law is. Those who apply the

rule to particular cases must, of

necessity, expound and interpret that

rule. If two laws conflict with each

other, the Courts must decide on the

operation of each.“ john Marshall

Marshall’s ruling affirms Judicial Review - Supreme Court

can declare act of Congress

unconstitutional

• Judicial review has increased the

Supreme Court’s legal authority…

making it a much stronger branch

A constitution is, in fact, and must be regarded by

the judges, as a fundamental law. It therefore

belongs to them to ascertain its meaning, as well

as the meaning of any particular act proceeding

from the legislative body. If there should happen

to be an irreconcilable variance between the two,

that which has the superior obligation and validity

ought, of course, to be preferred; or, in other

words, the Constitution ought to be preferred to

the statute, the intention of the people to the

intention of their agents."

—Alexander Hamilton, Federalist No. 78

BTW

• Jefferson and Marshall were cousins and

did not like each other!